TOWN OF WILTON

PLANNING BOARD MEETING

DRAFT

 

DATE:            July 16, 2008

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Wilton Planning Board Members: Alec MacMartin, Matt Fish, Neil Faiman, Michael Cooley, Alternate Walter Zuber, Board of Selectman Representative Bill Condra, NRPC Representative Steve Wagner, Clerk Heather Loewy Nichols.

 

The agenda was amended as follows:

1.)                  Minutes

-          June 18, 2008

-          July 2, 2008

2.)                  First Light Farm – Cluster Subdivision

3.)                  Lindquist – Subdivision Application

4.)                  Hillside of Wilton, LLC – Subdivision

5.)                  Gary & Betty Raymond – Subdivision Application

6.)                  Donald Slowik – Subdivision

7.)                  Perham Woods- Cluster Subdivision

8.)                  Hansen – Caveat Lot Consolidation

9.)                  Adjournment

 

Alec MacMartin called the meeting to order at 7:36 p.m. and explained that the Board will not be hearing any cases after 10:30 p.m.

 

1.       Minutes

-         June 18, 2008

-         July 2, 2008

This item was tabled until the August 20th meeting.

 

Continuations:

2.       Cluster Subdivision – First Light Farm, LLC Lots F-095-02,03,07,13,14 and 15 on Isaac Frye Highway in the Residential/Agricultural district. Applicant is proposing 22-unit cluster subdivision.     

 

Alec MacMartin explained that the Board has received a response from Town Counsel regarding the deeds and declarations submitted by the applicant. Donald Sienkiewicz went through the letter with the Board and explained how he plans on addressing each of Town Counsel’s concerns. He then discussed with the Board the proposed trails on the plan and the logistics and timing of clearing the trails. He stated that he would be responsible for the construction of the western trail but he would like the other trail to be cleared at the town’s expense. He also noted that he will be putting in parking spaces at the beginning of the western trail to allow for public access. He also stated that he would like to leave a caveat in the easement to allow for reasonable restrictions as the condominium association sees fit. Alec MacMartin suggested that rather then a private organization governing a town trail, perhaps a joint committee could be set up. 

 

Donald Sienkiewicz then discussed the proposed culvert that will run under Abbot Hill Road. He stated that Road Agent Elliot wants the culvert to be owned and maintained by the condo association. Alec MacMartin suggested that there be an indemnity agreement in place that allows the town to maintain the culvert at the condo association’s expense if the association does not take care of the culvert appropriately.

 

The Board and the applicant discussed whether a clause that will allow for adding and withdrawing land from the subdivision is appropriate. 

 

Donald Sienkiewicz stated that he would like to discuss his phasing plans with the Board of Selectman and then he will get back to the Planning Board on the issue.

 

Donald Sienkiewicz questioned the Board about what bonding will be required. The Board explained that the purpose of requiring a bond is so that the Board has an avenue to insure that the developer creates and maintains an access for life safety vehicles and any other fire protection measures that are stated in the plan from the time of occupancy until construction is complete. They further explained that these items and/or a bond will need to be in place before a certificate of occupancy can be approved. The applicant questioned his proposed fire pond phasing plan and the Board told him to speak to the Fire Chief and the Board of Selectman before entering into a discussion with the Planning Board.

 

A MOTION was made by Neil Faiman and SECONDED by Michael Cooley to continue the application to August 20, 2008.

Voting: 7 ayes, motion carried.

 

3.       Subdivision Application – Al Lindquist – for acceptance and approval of a lot line adjustment and creation of 3 new residential building lots (total 4) located on Lyndeborough Center Road on Map/Lots B-026 and B-027 in the Residential/Agricultural District. 

 

The Board reviewed a handout submitted by Alec MacMartin regarding minimum required distances of driveways from intersections.

 

After discussion with the applicant, a MOTION was made by Neil Faiman and SECONDED by Bill Condra to conditionally approve the application contingent on the addition of a note to the plan which states “No driveway shall be placed off of Center Road less then 150’ from the intersection of Pead Hill Road or less then 150’ from the location of the proposed 50’ right of way where it intersects with Pead Hill Road.”

Voting: 6 ayes; with Dave Holder abstaining.

 

The Board stated that they also will need the bounds to be walked, the appropriate fees to be paid, approved easement language, and an approved maintenance agreement.

 

Fees to be paid:          Town of Wilton: $438.75

                                    HCRD: TBD

mtodd@jmwlls.com

 

5.      Subdivision – Hillside of Wilton, LLC Lot D-084 on Pead Hill Road in the Residential/Agriculture District.  Applicant is proposing to subdivide said lot into seven (7) lot subdivision.

 

Alec MacMartin and Neil Faiman left the Board as voting members at 8:49 p.m.

 

Cappy DeMontigney appeared before the Board. Matt Fish explained that on July 13th the Board received a review from LaBombard Engineering that mentioned 15 issues that needed to be addressed. The Board then received another letter on July 16th stating that the previous issues had been resolved except for item #11 that dealt with the down slope of Hawthorne Drive having more than a 6% grade within 20’ from the intersection of a town road.

 

Cappy DeMontigney explained that the grade of the road is naturally more than 6% and in order to adhere to this regulation an immense amount of cutting would be necessary. He noted that he has spoken to Road Agent Elliot about the situation and Road Agent Elliot provided an alternative solution that he is in support of. Cappy DeMontigney submitted this information and a waiver request to the Board.

 

In response to a question from Alec MacMartin, Cappy DeMontigney explained that the note the Board had requested regarding access of off Hawthorne Drive has been added on Page 5 as Note #21.

 

A MOTION was made by Matt Fish and SECONDED by Michael Cooley to grant a waiver of section 9.7.

Voting: 5 ayes, motion carried.

 

Cappy DeMontigney explained that he has changed the notation of the cart path from a solid line to dashed line, changed the labeling of Lot D-084 to D-084-10, added Note #18 regarding lots not being bifurcated by a town road, to the plan, and added Note #21 as discussed previously.  He also noted that, at the last meeting, the chair mentioned placing a walking easement for the general public. Accordingly, he has met with the Conservation Commission and they have agreed that they will provide an access that will connect to Pead Hill Road through Hawthorn Road and will connect to Randy Dun and Elizabeth Dun’s boundary line while allowing access to the town’s conservation areas, Dale Hill and Carnival Hill. He also noted that he has received approval from the Fire Chief, the Road Agent, the State of New Hampshire and the Board of Selectman regarding offsite improvements.  Cappy DeMontigney stated that the bounds are set, but still need to be walked and Dave Holder volunteered to walk them. 

 

The Board explained that the road, drainage, and fire protection must all be in place before any certificate of occupancy permits can be approved. Also they explained that the applicant will need to set up a pre-construction meeting with the Road Agent, or Dennis LaBombard, the Building Inspector, and the Fire Chief so they can attest that the site is ready for occupancy.  The Board also requested that a note be placed on the plan stating that the construction of the drainage and private way be built to the specifications of the approved plan set and reviewed and attested by the road agent and/or the town engineer, prior to occupancy.

 

Matt Fish asked for public comment and saw none.

 

A MOTION was made by Matt Fish and SECONDED by Bill Condra to accept the application.

Voting: 5 ayes, motion carried.

 

A MOTION was made by Matt Fish and SECONDED by Walter Zuber to conditionally approve the application contingent upon the receipt of a letter of approval from the Fire Chief, receipt of a letter from the Board of Selectman specifying offsite improvements, confirmation of the set bounds, a note on the plan regarding the review of construction before occupancy, receipt of approved maintenance language and receipt of mylars and fees.

 Voting: 5 ayes, motion carried

 

Fees to be paid:          Town of Wilton: $1007.50

                                    HCRD:  TBD

 

Alec MacMartin and Neil Faiman returned to the Board as voting members at 9:32 p.m.

 

6.       Subdivision Application – Gary & Betty Raymond - Lot E10-2, 789 Gibbons Highway – Applicant is proposing converting an existing duplex into a condex. 

 

The Clerk noted that the applicant has requested a continuance.

 

A MOTION was made by Neil Faiman and SECONDED by Bill Condra to continue the application to August 20, 2008.

Voting: 7 ayes; motion carried.

 

7.       Subdivision – Donald SlowikApplicant is proposing to subdivide Lot B 31-3, located on Pead Hill Rod, into three single family lots.

 

Donald Slowick appeared before the Board and explained that, per the Board’s request, he added Note #15 to the plan regarding the ZBA decision. The Board stated that more explanation is needed in the note. Donald Slowick also explained that the Board directed him to rename Lot B-31-3 to B-31-3-1; however this lot number has already been assigned. The Board suggested he try Lot B-31-3-4. The applicant and the Board then discussed driveway setbacks with regard to Regulation 4.6.7. The Board requested a note which states that any relocation of the driveway access will require approval from the Planning Board and it should not be within 110’ of Pead Hill Road or within 50’ of the easterly edge of the wetland.

 

The Board and the applicant discussed the view easement and the common drive maintenance agreement. Spencer Brookes, of the Conservation Committee, suggested that a building envelope be added to the plan. Alec MacMartin suggested that a maximum height for agricultural buildings could be imposed and Steve Wagner suggested that the buildings could be organized in an east to west fashion. The Board suggested that the applicant remove the note stating that no structures are permitted within the view shed and replace it with a note that refers to the easement.

 

The Board noted that the bounds still need to be walked. 

 

The Board and the applicant discussed the best way to change the lot lines. 

 

A MOTION was made by Neil Faiman and SECONDED by Michael Cooley to continue the application to August 20, 2008.

Voting: 7 ayes; motion carried.

 

8.       Cluster Subdivision - Perham Woods – Lots B-020 on Dale Street in the Residential & Agricultural, Wetlands and Flood Plain District.  Applicant is proposing a 29 unit cluster subdivision.

 

At the request of the applicant, A MOTION was made by Neil Faiman and SECONDED by Matt Fish to move this application to the end of tonight’s agenda.

Voting: 7 aye, motion carried.

 

The application was recalled at the end of the meeting. Dawn Toumala appeared before the Board for the applicant and explained that she has just received the review done by Tracy Tarr, Wildlife Biologist, and she has not had a chance to go over the information with the applicant. However, she noted, she does not anticipate that there will be any issues adhering to the recommendations. After discussion with the applicant, the Board decided that they will determine, before the August meeting, whether they would like Tracey Tarr to make a presentation to the Board at the August meeting with regard to this application.

 

A MOTION was made by Matt Fish and SECONDED by Walter Zuber to continue the application to August 20, 2008.

Voting: 7 ayes; motion carried.

 

9.       Adjournment

A MOTION was made by Bill Condra and SECONDED by Walter Zuber to adjourn.

Voting 7 ayes; motion carried.

 

Alec MacMartin declared the meeting adjourned at 10:17 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk

 

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